Title XL — ADDITIONAL EXECUTIVE DEPARTMENTS

630.615. Program standards to be considered — prior to placement. — Before placing any client in a particular residential facility or day program, the department shall consider each of the following criteria: (1) The best interests of the patient or resident; (2) Except as provid…

630.620. Facilities and programs to be utilized in making placements. — 1. Except as provided in subsection 2 of this section, the department may place any patient or resident referred by a department facility or any person applying directly or referred under section 630.610 who …

630.625. Consent required for placement. — If the client is competent to give informed consent, the department shall allow ten days to obtain his consent before making a placement. If the client is a minor or has a legal guardian, the department shall obtain the consent of the pa…

630.630. Alternative proposals to be prepared. — If a patient or resident, parent, if the patient or resident is a minor, or legal guardian does not consent to transfer of the patient or resident from a facility operated by the department, then the department shall propose other …

630.635. Procedure when consent not given — review panel to be named — notice and hearing required — appeal — emergency transfers may be made. — 1. If a resident in a developmental disability facility, or his parent if he is a minor, or his legal guardian refuses to consent to th…

630.640. Costs of benefits may be paid by department — recovery. — 1. If a client receiving services under this chapter is ineligible for public assistance benefits from any source, or such benefits are inadequate to meet the costs of such services, his monthly costs may be paid …

630.645. Follow-up care. — The department shall provide or shall arrange for follow-up care and aftercare and shall make or arrange for reviews and visits with the client at least quarterly to the residential facility or day program in which the client has been placed to determin…

630.650. Cooperation with department of social services. — The department of social services shall cooperate with the department of mental health and its facilities in locating licensed residential facilities, day programs and specialized services, in visiting and inspecting them…

630.655. Rules for standards for placement facilities and programs — required standards. — 1. The department shall promulgate rules which set forth reasonable standards for residential facilities, day programs or specialized services such that each program's level of service, tre…

630.656. Waiver or exception request of administrative rule or standard, procedure. — Notwithstanding any rule to the contrary, any request for a waiver or exception of administrative rule or standard shall be approved by an exceptions committee created by the filing agency and s…

630.660. Written contracts required. — The department shall require residential facilities, day programs and specialized services to enter into written contracts to receive funding for services rendered to clients placed by the department. ­­-------- (L. 1980 H.B. 1724)

630.705. Rules for standards for facilities and programs for persons affected by mental disorder, mental illness, or developmental disability — classification of facilities and programs — certain facilities and programs not to be licensed. — 1. The department shall promulgate rul…

630.710. Required standards. — 1. The standards contained in the rules shall particularly provide for the following: (1) Admission and commitment criteria, which shall be based upon diagnoses; (2) Care, treatment, habilitation or rehabilitation; (3) General medical and health car…

630.715. Licensing of residential facilities and day programs — fee — affidavit. — 1. The department shall establish a procedure for the licensing of residential facilities and day programs for persons described in section 630.705, which procedure shall provide for the acceptance…

630.717. Alcohol and drug abuse facilities and programs exempt — fire, safety standards compliance — report to general assembly. — 1. Any residential facility or day program which provides services exclusively to those persons affected by alcohol or drug abuse shall be exempt fro…

630.720. Issuance of license, term — temporary permits, when — may be transferable — posting. — 1. Upon receipt of an application for a license, the department shall issue a license if the applicant demonstrates that his residential facility or day program meets the requirements …

630.725. Denial or revocation — appeal — determination by administrative hearing commission — notice of revocation, when. — 1. The department shall revoke a license or deny an application for a license in any case in which it finds a substantial failure to comply with the standar…

630.730. Inspection by department and others, when — may be ordered, when. — 1. The department may inspect any residential facility or day program for persons described in section 630.705 at any time if a license has been issued to or an application for a license has been filed b…

630.735. License required. — 1. No person or governmental unit, acting separately or jointly with any other person or governmental unit, shall establish, conduct or maintain any residential facility in this state for the care, treatment, habilitation or rehabilitation of persons …

630.740. Penalty for failure to obtain license — attorney general to represent department — relief to be granted. — 1. Any person establishing, conducting, managing or operating any residential facility or day program without a license as provided for in sections 630.705 to 630.7…

630.745. Noncompliance with law revealed by inspection — procedure — corrective measures, time limit — reinspection, when — probationary license — posting of noncompliance notices. — 1. If a duly authorized representative of the department finds upon inspection of a residential f…

630.750. Procedure upon finding of noncompliance which may present health or safety dangers. — The provisions of section 630.745 notwithstanding, if a duly authorized representative of the department finds upon inspection of a licensed residential facility or day program, and the…

630.755. Injunctive relief may be requested — action to have priority — civil penalties may be assessed, procedure. — 1. An action may be brought by the department, or by the attorney general on his own volition or at the request of the department or any other appropriate state a…

630.760. Patients to have same rights as those for residents of nursing homes. — In addition to rights provided for patients, residents or clients of residential facilities licensed by the department under this chapter, residents or clients in facilities and programs licensed by …

630.763. Receiver may be requested, by whom, when. — The attorney general, either on his own initiative or upon the request of the department or of any other state governmental agency having an interest in the matter, a resident or residents or the guardian of a resident of a res…

630.766. Monitor may be assigned by department — to advise operator as to compliance — report to department. — In any situation described in section 630.763 the department may place a person to act as a monitor in the facility. The monitor shall observe operation of the residenti…

630.769. Venue for appointment of receiver — copy of petition to be provided — hearing thereon within five days, determination within fifteen — court to appoint receiver if grounds exist. — Any petition for appointment of a receiver shall be verified and shall be accompanied by a…

630.772. Emergency procedure. — If it appears from the petition filed under section 198.105, or from an affidavit or affidavits filed with the petition, or from testimony of witnesses under oath when the court determines that this is necessary, that there is probable cause to bel…

630.775. Powers and duties of receiver. — A receiver appointed under this section: (1) May exercise those powers and shall perform those duties set out by the court; (2) May, in his discretion, either: (a) Take control of all day-to-day operations of the residential facility; (b)…

630.778. Receiver may disregard certain contracts — factors to be considered — court may order temporary noncompliance. — 1. A receiver may not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into on behalf of …

630.781. Compensation of receiver. — 1. The court shall set the compensation of the receiver, which shall be considered a necessary expense of a receivership. 2. A receiver may be required by the court to post a bond, which shall be considered a necessary expense of the receivers…

630.784. Receiver may receive license. — Other provisions of sections 630.705 to 630.760 notwithstanding, the department may issue a license to a residential facility being operated by a receiver under sections 630.763 to 630.793. The duration of a license issued under this secti…

630.787. Receivership may be terminated by court, when. — The court may terminate a receivership: (1) Upon a motion by any party to the petition, by the department, or by the receiver, and a finding by the court that the deficiencies and violations in the residential facility hav…

630.790. Accounting of receiver, when — judgment for deficiencies — priority of receiver's claim. — 1. Within thirty days after termination or such other time as the court may set, the receiver shall give the court a complete accounting of all property of which the receiver has t…

630.793. Liabilities of receivers and licensees. — No licensee may be held liable for acts or omissions of the receiver or the receiver's employees during the term of the receivership. Nothing in sections 630.763 to 630.793 shall be deemed to relieve any licensee or affiliate of …

630.805. Nonresidents may be returned to place of residence, when — reciprocal agreements authorized — transportation costs. — 1. Except for those persons committed to the department of mental health pursuant to chapter 552, a person who is not a resident of this state who is com…

630.810. Compact enacted — form. — The "Interstate Compact on Mental Health" is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows: THE INTERSTATE COMPACT ON MENTAL HEALTH The contracting state…

630.815. Director of department to make rules — cooperate in administration. — The director of the department of mental health shall be the compact administrator who, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to …

630.820. Supplementary agreements authorized, when effective. — The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such su…

630.825. Expenses, how paid. — All expenditures necessitated under the provisions of sections 630.810 to 630.835 shall be paid out of appropriations made to the department of mental health. ­­-------- (L. 1980 H.B. 1724)

630.830. Transfer of patient, duty of administrator. — The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state…

630.835. Copies of law furnished other states. — Duly authorized copies of sections 630.810 to 630.835 shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the Attorney General and the Secretary of State of the United States, and the C…

630.850. Compact enacted — form. — The "Interstate Compact on the Mentally Disordered Offender", hereinafter called "the compact", is hereby enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as contained in section 6…

630.855. Contracts authorized, limitations. — The department of mental health and the department of corrections may negotiate and enter into contracts on behalf of this state pursuant to Article III of the compact and may perform such contracts; provided, that no funds, personnel…

630.875. Citation of law — definitions — program created, purpose — requirements — rulemaking authority. — 1. This section shall be known and may be cited as the "Improved Access to Treatment for Opioid Addictions Act" or "IATOA Act". 2. As used in this section, the following ter…

630.925. Mental health fatality review panel established, members, duties. — 1. The director of the department shall establish a mental health fatality review panel to review deaths of all adults in the care and custody of the department. The panel shall be formed and shall opera…

630.927. Rulemaking authority. — 1. The director of the department of mental health shall promulgate rules, guidelines, and protocols for the mental health fatality review panel established pursuant to section 630.925. 2. The director shall promulgate guidelines and protocols for…

630.945. Maximum and intermediate facilities, work hours limited — exception for emergencies. — Beginning July 1, 2013, no state employee, regardless of job classification, who is working in a maximum or intermediate security mental health facility or any portion of a mental heal…

630.950. Immunity from liability, when. — Any department employee or employee of a residential facility, day program, or specialized service operated, funded, or licensed by the department who reports on or discusses employee job performance for the purposes of making employment …

630.975. Rulemaking authority — disclosure of records, when. — 1. The director of the department of mental health shall promulgate rules, guidelines and protocols for hospitals and physicians to use to help them to identify suspicious deaths of patients, residents, or clients in …